Chương XXXV Bộ luật Tố tụng dân sự 2004: Thẩm quyền của Toà án Việt Nam giải quyết các vụ việc dân sự có yếu tố nước ngoài

Chapter XXXV

JURISDICTION OF VIETNAMESE COURTS TO SETTLE CIVIL CASES AND/OR MATTERS INVOLVING FOREIGN ELEMENTS

Article 410.- General provisions on the Vietnamese courts’ jurisdiction to resolve civil cases and/or matters involving foreign elements

1. The Vietnamese courts’ jurisdiction to resolve civil cases and/or matters involving foreign elements shall be determined under the provisions of Chapter III of this Code, except where this Chapter contains different provisions.

2. Vietnamese courts shall settle civil cases and/or matters involving foreign elements in the following cases:

a) The defendant is a foreign agency or organization, which is headquartered in Vietnam or the defendant has a managing agency, branch or representative office in Vietnam;

b) The defendant is a foreign national or stateless person who permanently resides, works or lives in Vietnam or has assets in the Vietnamese territory;

c) The plaintiff is a foreign national or stateless person who permanently resides, works or lives in Vietnam, for civil cases or matters claiming alimonies or parent identification;

d) Civil cases or matters related to civil relations which are established, changed or terminated on the grounds prescribed by Vietnamese law, or which happen in the Vietnamese territory but involve at least one party being foreign individual, agency or organization.

e) Civil cases or matters related to civil relations which are established, changed or terminated on the grounds prescribed by foreign laws or which happen in foreign countries, but involve all parties being Vietnamese citizens, agencies or organizations and either the plaintiff or the defendant resides in Vietnam;

f) The disputes arise out of a contract with the partial or full performance thereof taking place in the Vietnamese territory;

g) The divorce cases with the plaintiffs or the defendants being Vietnamese citizens.

Article 411.- Exclusive jurisdiction of Vietnamese courts

1. The following civil cases involving foreign elements shall fall under the exclusive jurisdiction of Vietnamese courts:

a) Civil cases involving rights to properties being immoveables in the Vietnamese territory;

b) Disputes arising out of transportation contracts where the carriers have their head-offices or branches in Vietnam;

c) The divorce case between a Vietnamese citizen and a foreign citizen or a stateless person if both spouses reside, work or live in Vietnam;

2. The following civil matters involving foreign elements shall fall under the exclusive jurisdiction of Vietnamese courts:

a) Determining a legal event, if this event occurs in the Vietnamese territory;

b) Declaring that a foreign national or a stateless person has lost his/her civil act capacity or has had restricted civil act capacity if he/she resides, works or lives in Vietnam and such declaration relates to the establishment of his/her rights and obligations in Vietnam;

c) Declaring that a foreign national or a stateless person is missing or dead, if he/she is present in Vietnam at the time of occurrence of events which constitute grounds for declaring a person missing or dead, and such declaration relates to the establishment of his/her rights and obligations in Vietnam;

d) Requesting by a foreigner a Vietnamese court to declare that a Vietnamese citizen is missing or dead if such a declaration relates to the establishment of rights and obligations of that foreigner in Vietnam;

e) Recognizing that an asset in the Vietnamese territory is derelict or recognizing the current manager’s ownership over derelict immovables in the Vietnamese territory.

Article 412.- Not changing the jurisdiction of courts

Civil cases or matters which have been accepted for settlement by Vietnamese courts under this Code’s provisions on jurisdiction must be continually settled by such courts even though during the resolution process there appear changes of nationalities, residential places or addresses of involved parties or appear new details which make such civil cases or matters fall under the jurisdiction of other Vietnamese courts or foreign courts.

Article 413.- Returning the lawsuit petitions or petitions or stopping the resolution of civil cases or matters if they have been settled by foreign courts

1. Vietnamese courts shall return lawsuit petitions, applications or stop the resolution of civil cases or matters involving foreign elements if foreign courts have already issued judgments or decisions on the resolution thereof and the countries of such foreign courts and Vietnam have signed or acceded to international treaties that provide for the recognition and enforcement of civil judgments or decisions.

2. Vietnamese courts shall return the lawsuit petitions, petitions or stop the resolution of civil cases or matters involving foreign elements if foreign courts have already accepted such civil cases or matters and the foreign courts’ judgments or decisions on such civil cases or matters are recognized and enforced in Vietnam.